CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
March 8, 2004
Mayor Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council Members: Crawford, Dryer, Schwarck, and Wallace
Attorney Parvin Lee
City Clerk/Treasurer Zemke
Department Heads: Martin & Renwick
ABSENT:
City Manager Cook
APPROVAL
OF MINUTES:
Councilman
Dryer stated that under Approval of the agenda, he would like his comment
changed to reflect that he expected that the issue of a seven member Council
would be on this agenda, not that it would have to be requested to be added to
the agenda.
CM
3-1-04- APPROVAL OF MINUTES – FEBRUARY 9, 2004
Motion by Crawford, supported by Dryer
To approve the minutes of the regular meeting of February 9, 2004 as
amended
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Discussion
was held on various bills
CM
3-2-04- APPROVAL OF MONTHLY BILLS
Motion by Wallace, supported by Crawford
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
CM
3-3-04- APPROVAL OF AGENDA
Motion by Crawford, supported by Schwarck
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
1.
Discussion with State Senator Nancy Cassis, State Representative Craig
DeRoche, and County Commissioner Jeff Potter
Oakland
County Commissioner Jeff Potter introduced Julia Ruffin from Oakland County who
helped put together his presentation. He
gave a brief presentation on the Oakland County government including budget
highlights, expenditures, division of governments, etc.
He discussed the Road Commission for Oakland County and on-going, as well
as upcoming road projects. He
discussed public safety as a top priority including the upgrade to the County
helicopter, radio improvements, HAZMAT training and Homeland Security.
County Commissioner Potter discussed the West Nile effort, health
services and Parks and Recreation within the County.
He discussed the Economic Development within the County and the companies
that have been assisted as well as the number of jobs that have been created.
He discussed the Technology Department and the County’s website and
encouraged residents to look at the website for upcoming events and programs.
Senator
Nancy Cassis stated that she appreciates the opportunity to come and update
South Lyon on what is happening in Lansing, and more importantly, what affects
the City of South Lyon and the surrounding communities.
Last Friday, thanks to the efforts of Representative DeRoche, we got
together with Commissioner Potter, Governor’s staff, Mayor Potter and other
City staff as well as representatives of the South Lyon Community Schools to
showcase this building and show what can be done to accommodate a growing area
through cooperation. We have many
challenges we face because we are in a growing corridor and we need to ensure
the quality of life. Our State’s
economy has been a major focus because what happens at the State affects the
County as well as local communities. We
want to keep and attract new businesses and jobs.
We need to meet the needs of people’s health, safety and welfare, and
to that goal, she was able to get an amendment to a bill that would establish
and allow for two hospitals in our area. Providence
Park in Novi and Henry Ford in West Bloomfield will be able to transfer
approximately 1/3 of their beds to these smaller districts.
Roads are always a focus because without a good road system we are at a
distinct disadvantage. She discussed her three areas of focus; good safe roads,
lowering tax burden, and keeping the excellent quality of our schools.
She discussed the Wixom and Beck interchange improvements.
Beck is proceeding on time and on a day to day basis, she is fighting to
ensure that Wixom will be restored. They
have informally been told that the Federal Highway dollars have been restored
and increased, and if Michigan’s share comes in a little higher, they have
been assured that Wixom will go back on the table in 2005.
The Ten Mile Road corridor is a major artery with many new homes being
built. Talks with South
Lyon, Lyon Township and Novi have been moving forward.
She discussed the State’s $40 billion budget with a shortfall of about
$1 billion. The way the Governor is
choosing to deal with this is to put it on the backs of taxpayers with $400
million in increased taxes mainly in the form of cigarette and an increase in
excise tax on liquor. She discussed
a report from the Auditor General indicating approximately $120 million that
Treasury has not collected in tax dollars.
She does not feel that we should look at increasing taxes until we can be
sure that our Treasury is going to be able to collect the taxes.
The Treasurer has 60 days to respond to the audit and make sure that we
are doing everything to collect these dollars.
She discussed a strategy of the Governor to shift the collection of all
County taxes to the summer, which would allow the County to hold those funds in
a reserve fund, and the Governor wants to take away the statutory revenue
sharing from the County. That would
mean approximately $1 million loss to Oakland County and $240 million to Wayne
County. The taxpayer would have to
get all of the dollars together for one payment in July.
She discussed new manufactured housing bills being discussed to ensure
equity and fairness in terms of manufactured housing.
She discussed the three approaches either a tiered increase or go to an
ad valorum tax phased in over five years, or change the composition of the
Manufactured Housing Commission. She discussed identity theft legislation, which
is a major issue and the ongoing effort to be sure that our tax structure is
fair and equitable. She stated it
is a pleasure to represent the City of South Lyon and all of the people within
her district and appreciates all the support.
Senator Cassis stated that she is having coffee at the Bistro on Saturday
at 10:30 a.m. for anyone who wants to attend.
State
Representative Craig DeRoche stated that he is on a committee that will be
considering a constitutional amendment dealing with the death penalty.
He stated that his feeling is that the State of Michigan needs to have
the option to impose the death penalty for crimes such as those in the City of
Detroit that took the lives of two police officers.
He stated that having served on the Council for the City of Novi, he
looks at how cities do their business, and the City of South Lyon is the envy of
many communities because of how you run your government and manage your finances
as well as the School district. He
stated that his district is the district of urban sprawl with Novi, Lyon
Township and South Lyon, and he feels that people look at how the city tends to
the finances and how the school district is operated when they decide where they
want to live. We have one of the
best areas, if not the best area in the State of Michigan to live and work. He
discussed the State Revenue Sharing, and as Senator Cassis discussed, the $40
billion budget and the $1 billion problem.
The Governor has not fixed the problem, but only moved numbers and the
only people that have been hurt by the cuts have been the cities and the
universities. We actually spent
$114 million more last year than the year before and we still have a $1 billion
problem. It is unfortunate that the
revenue sharing has been cut while at the same time MDOT has hired 178 new full
time employees that are not working on the roads, and we have gone from 34 road
projects down to 17. He stated that
he will continue to fight to protect our local governments.
He discussed the two hospitals and the need of the communities to have a
hospital available without having to travel down I696 to get to a full service
hospital. He discussed the Ten Mile
Road project and getting it in the pipeline and have a project available when
the opportunity arises to negotiate and apply for money, which was done
successfully in Novi for the Grand River expansion and Twelve Mile Road project.
He discussed the Teacher Felony bill, which is slated for Senate floor
activity. This bill was drafted
specifically because of a teacher in the South Lyon district who was convicted
of his fourth felony. Currently, a
teacher convicted of a felony can go into a tenure commission and still keep his
job and receive back pay once they get out of prison regardless of the felony
they are convicted of. The bill
would allow for that person to lose their license, with due process, and not
allow them to go from one district to another, which happens unfortunately quite
frequently. So far these issues
have been swept under the rug and let these people go back into the classroom.
He thanked Council for allowing him to speak.
He stated that he is always available for questions.
Mayor
Doyle thanked all three representatives for coming.
Appointment/Reappointment
– Mayor Doyle
Mayor
Doyle stated that we have a letter from the Housing Commission requesting that
Janice Courtade be reappointed to that commission for another five-year term.
We also have a number of terms on the various boards and commissions that
have expired. He has talked to all of these individuals.
CM
3-4-04 – RE-APPOINTMENT – HOUSING COMMISSION
Motion by Doyle, supported by Crawford
To re-appoint Ms. Janice Courtade to the Housing Commission to a term
expiring November 2008
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-5-04 – RE-APPOINTMENT – PLANNING COMMISSION
Motion by Doyle, supported by Dryer
To re-appoint Mr. Ronald Morelli to the Planning Commission to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-6-04 – RE-APPOINTMENT – PLANNING COMMISSION
Motion by Doyle, supported by Schwarck
To re-appoint Mr. Keith Bradley to the Planning Commission to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-7-04 – RE-APPOINTMENT – PLANNING COMMISSION
Motion by Doyle, supported by Wallace
To re-appoint Ms. Pamela Weipert to the Planning Commission to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-8-04 – RE-APPOINTMENT – ZONING BOARD OF APPEALS
Motion by Doyle, supported by Crawford
To re-appoint Mr. James Gawrych to the Zoning Board of Appeals to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-9-04 – RE-APPOINTMENT – ZONING BOARD OF APPEALS
Motion by Doyle, supported by Dryer
To re-appoint Mr. John Druskinis to the Zoning Board of Appeals to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-10-04 – RE-APPOINTMENT – PARKS & RECREATION COMMISSION
Motion by Doyle, supported by Schwarck
To re-appoint Ms. Margaret Kurtzweil to the Parks & Recreation
Commission to a term expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-11-04 – RE-APPOINTMENT – PARKS & RECREATION COMMISSION
Motion by Doyle, supported by Crawford
To re-appoint Mr. Randall Cortright to the Parks & Recreation
Commission to a term expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
3-12-04 – RE-APPOINTMENT – HISTORICAL COMMISSION
Motion by Doyle, supported by Crawford
To re-appoint Ms. Gail Smolarz to the Historical Commission to a term
expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that Mr. Jack Sellers has asked to not be reappointed to the
Historical Commission. He is 95
years old and has been a member of that Commission for many years.
He is an active member of Kiwanis and served on the City Council back in
the 80s. Councilman Wallace stated
that he is one of the people responsible for getting cable television in South
Lyon and should be saluted for all he has contributed to this community.
Mayor
Doyle stated that Mr. Larry Ledbetter has made application to fill this vacancy.
Ms. Gail Smolarz has also highly recommended him.
CM
3-13-04 – APPOINTMENT TO THE HISTORICAL COMMISSION
Motion by Doyle, supported by Schwarck
To appoint Mr. Larry Ledbetter of 866 Norchester to the Historical
Commission to a term expiring March 2007
VOTE:
MOTION CARRIED UNANIMOUSLY
Mr.
Ledbetter introduced himself. He
stated that he has lived in the City of South Lyon for 28 years and works
locally at the tube mill. He has
been a Scout Leader for 25 years. He
stated that he enjoys being a resident of this community and looks forward to
serving on the Historical Commission.
Mayor
Doyle stated that the City Manager has a couple of appointments to make, which
will be handled at a future meeting.
Community Survey
Mayor
Doyle stated that this is a survey done every two years.
There are some changes that need to be made to the questions that may no
longer apply or projects that have been completed.
Councilman
Dryer stated that he would like to see some priority-based questions.
Discussion was held on various question changes.
Discussion was held on the question relating to the increase in Council
from five to seven members. Councilman
Dryer stated that regardless of whether this is on the survey or not, he
believes that it is something that this Council should discuss.
The consensus of Council was that this question should be added.
Discussion
was held on the wording of the question relating to a new police facility.
It was stated that if we had to go with General Obligation bonds for the
building of this facility, it would have to go to a vote of the people anyway.
Councilman
Dryer stated that he would like to change the column “Don’t Know” to “No
Opinion”. He stated that he would
like a question added regarding budget priorities.
Mayor Doyle questioned whether this was needed.
He stated that we have a good handle on this ourselves.
Councilman
Wallace stated that this is approximately 20 questions and is a random survey of
approximately 700 people. Mayor
Doyle stated that he would encourage any resident who receives one, to please
take a few minutes to fill it out and return it.
Discussion
was held on the question regarding a joint Planning Commission with Lyon
Township. Mayor Doyle stated that
after reading the act, he would not be in support of that joint effort due to
the fact that our individual Planning Commissions would have to be dissolved and
he would doubt Lyon Township would be in support of it. Councilman Wallace agreed that the question should simply be
removed. Councilman Dryer stated
that he does not see the harm in asking the question. Mayor Doyle stated people would not know the details and
ramifications of such a venture.
Discussion
was held on time frame for this survey to be distributed and returned.
City Clerk/Treasurer Zemke stated that we would be looking at receiving
the surveys back by mid-April with results to Council the beginning of May.
Stage II Final Site
Plan Approval – Gateway Commons
Mayor
Doyle stated that we had preliminary site plan approval of this Planned
Development back in July. We now
have a recommendation from the Planning Commission for approval of the final
site plan.
Kristen
Cunningham, Director of Community and Economic Development, stated two years
ago, the developer approached the City with a Planned Development for the corner
of Eleven Mile and Pontiac Trail in accordance with our Master Plan.
Informal discussions were held between the developer and the Planning
Commission in an attempt to make a compatible plan with the community.
Originally, the proposed 128 units was changed to 64 units.
They worked hard on landscaping, screening, placement, etc. to
accommodate both the Planning Commission and address most of the residents’
concerns. The developer has done an
excellent job in trying to address the needs of the residents, within reason.
They have a commercial development including a Big Boy Restaurant, Comerica
Bank, a produce market and a number of other smaller commercial stores.
The Planning Commission at their January 22nd meeting
recommended final approval contingent upon a number of items.
Vilican Leman has gone through the plan, the attorney has reviewed the
master deed and HRC has tended to the engineering issues.
HRC is comfortable in handling the final engineering items during the
engineering stage after final approval or handled administratively.
There were a couple of changes to the master deed needed, which has now
been completed.
Mr.
Jim Barnas, Boardwalk Investment Group, stated that this has been a two year
process, but it has been a good process. The
Planning Commission has done a great job, the consultants and staff have added
to this project, and the plan has changed a number of times.
We are at a point now that they are ready to put a shovel in the ground.
Six months ago, they received Stage I approval.
Since that time, there have been some changes. Originally, they were looking at Walgreens. Rite Aid will now
be relocating from its present location to this new site.
He introduced representatives from Rite Aid, Comerica Bank, and Big Boy
as well as the developer of the residential portion and their engineering
consultants. Originally, they
looked at just commercial use. The
Planning Commission asked that they look at a bigger PUD, which would also
incorporate residential, which they did. He
discussed the residential portion and the change in look of the condominiums.
Mayor
Doyle asked if all signs would be in conformance with the Sign Ordinance.
Mr. Barnas stated that Vilican Leman did look hard at this issue.
They will have 3 monument signs, two on Pontiac Trail one for the
residential portion along Eleven Mile, and all will meet with the Sign Ordinance
requirements. The question was
asked if there would ever be a sign on the wall.
Mr. Barnas stated that there would be no sign on the wall, they are
proposing ivy that will hang down. Councilman
Schwarck stated that he would prefer not to see typical colored Big Boy logos.
Discussion
was held on the type of material for the concrete wall.
Mr. Barnas stated that it is made up of concrete poured units, it is not
a concrete poured wall. It is an
engineered system.
Councilman
Dryer asked, in the retail area, there are a couple of handicap spots at one
end, should there be some at the other end.
Attorney Lee stated that handicap parking is regulated by the State law.
Councilman Dryer stated he is requesting that the spaces be evened out.
There is no reason to debate them because they will be put in as State
law requires. This is not a site
plan issue; as uses change, requirements change.
Councilman
Dryer stated that the parking lot is one big asphalt lot, not broken up with
islands between them, etc. Mr. Barnas stated that they have had15+ meetings and
the planners and architects have spent two years working on this and it is
landscaped per your consultant’s requirements.
Councilman Dryer stated that he feels it should have more character.
There is no character, it is just one large lot.
Councilman Wallace stated that some of the other parking lots in town
have these islands that are run over and become a hazard.
Mayor Doyle stated that these are site plan issues.
The Stage I approval handles design issues and Stage II would handle the
next level of engineering.
Councilman
Dryer stated that in regards to the residential area, when he looks at these
units, he sees a lot of shingles and garages, not brick or stone areas.
He asked if there was a reason why this was done this way.
Mr. Barnas stated that they are all two-story units, and the front
elevations are almost all brick and stone, therefore he is not sure what is
being asked. Councilman Crawford stated that the design issues have been
reviewed and approved by our Planning Commission, and we need to trust their
judgment and planning skills. Councilman
Dryer stated that he would prefer to trust his own judgment as to what he thinks
looks nice.
Councilman
Dryer asked Attorney Lee what is it that we are reviewing and acting on at this
point. Attorney Lee stated that the
general concept and densities were approved preliminarily.
At this point, you have a recommendation from the Planning Commission,
and you can reject it, approve it, or remand it back to the Planning Commission
for review of proposed changes. The
one issue not dealt with through the Planning Commission was the issue of ivy on
the wall. Mayor Doyle stated that this issue has been dealt with
tonight. It was stated that it is
in one of the attachments, therefore it is a matter of record.
Councilman
Wallace asked if the Big Boy would serve liquor. Owner of the Big Boy located at 800 N. Pontiac Trail in
Walled Lake and owner of the proposed Big Boy, stated that they will not be
pursuing a liquor license.
Councilman
Wallace stated that he does not like to see townhouse units next to some of the
most affluent homes in the community and does not understand why the Planning
Commission approved that. He stated
that this goes along with what Lyon Township has been saying, which is that
every time we get a piece of property, we rezone it to small units, and they are
right.
Councilman
Dryer stated that the plan itself has a nice transition between the commercial
and residential and the residential to Carriage Trace, but in between you have
some large parcels. Mr. Barnas
stated that if you look at the units adjacent to the existing residential units
in elevation format, it looks like single-family units. They have tried to cluster those closest to the existing
single family, so you go from single family to two unit condos, and as you get
to the center of the development, that is where the three and four unit
buildings are. Mayor Doyle stated
that we have a similar situation at Eagle Heights where we have detached single
family next to multiple family, and there is a nice flow.
The question was asked if there was any thought given to having detached
condos on the outer rim. Mr. Barnas
stated that they did not pursue that.
Discussion
was held on the tree parcels on Eleven Mile not included in the development.
Mr. Barnas stated that they did try and assemble that within the PUD,
unfortunately the cost of those three units was way beyond what the development
could afford.
Discussion
was held on the gate between the residential and commercial.
Mr. Barnas stated that this was a requirement of the Fire Department.
The question was asked if the Fire Department has approved the plan
including the turning radiuses. Ms.
Cunningham stated that the Fire Department has signed off on the plan.
Ms.
Lisa Morgan of 1108 Surrey stated that her property backs up to the proposed
condominiums. She stated that the
City should consider making this process more resident friendly.
It would have been nice to get a letter when this property was changed in
the Master Plan because that was the time they should have gotten involved.
Although she does not own the property, she had hoped she would be
looking at the trees on this property for years to come.
She stated that they put their life savings into their home, and now they
will be looking at the back of condominiums.
Before they purchased their property, they called the City who assured
them that this would remain R1-A. They
have attended most of the meetings and many people voiced their opposition to
this development. Since that time,
she has tried to get some of their neighbors involved, yet they feel that what
they said had no bearing, and it seems as though the fear of litigation by the
developer is a major factor in the process.
She said it is different when you know going in that there will be a
shopping center on that corner, but for her she wasn’t given that choice.
They were told it would be single family residential.
The developer did reduce the number of condominiums, however their first
plan of 128 units was not feasible anyway. She asked for additional setback, and
the developer did give some setback relief, but the benefit did mainly go to a
homeowner who has invested in the development.
During the final site plan process, the condos did change drastically and
the Planning Commission did make them go back and correct that, but they were
still not to the level they were during preliminary site plan. The people who are paying taxes are not in control, it is
clear that the process favors the developer.
She stated that her question to the City Council is; is this what we want
as the gateway to our community, does this protect the interest of the
residents. What they would like to
see is that this plan be sent back to the Planning Commission and call for
single family homes.
Mayor
Doyle stated that overall the process is fair.
This process started two years ago.
He stated that he can appreciate where she is coming from.
Discussion was held on when the Master Plan changed this to PUD in 2002,
and when this was done, there was nobody here, no letter or anything until a
project materialized. He stated that he spent several years on the Planning
Commission and has never seen a developer go through and be as accommodating as
this one. We are really past the
point of “Not in my backyard”. We
have preliminary site plan review and approval at both Planning Commission and
City Council now final approval at the Planning Commission.
It is not a done deal until Council signs off on it. We treat all the developers the same.
Chairman
of the Planning Commission Ron Morelli stated that everyone who sits on boards
and commissions of the City are taxpayers.
The developers come in, but the taxpayers are in control.
We volunteer our time and make the best decisions possible.
In almost ten years of sitting on the Planning Commission, he has not
seen a developer be so accommodating. This
is a long process, and many developers would have backed out a long time ago.
The residents had a huge input and a lot of things changed because of
them.
Discussion
was held on some of the aspects of the plan that changed due to the residents’
input, including change in setbacks, number of units dropping, landscaping,
change to incorporate the 2 unit buildings along the perimeter, etc.
Chairman Morelli stated that the residents had a lot of input.
Discussion
was held on the landscape plan and the plan indicating exactly where the trees
will be located
Mr.
Tom Duncan of 60440 Eleven Mile Road stated that not too many people have stood
up for the public’s interest in this development.
He feels that the Planning Commission has given the community what they
most feared and that is commercial past the 10 ½ Mile Road limit that we were
accustomed to. This is not going to
be the last development to the north, they will just keep adding to the north,
and it will not maintain the character of our community. We now have three greenway approaches into the City, which is
remarkable and we are one of the only City’s in the County with this.
Even after the High School was constructed, there was still a green entry
into the City. In terms of
protecting the interest of the Community, he wants to speak out on that.
It is not beyond a place to be turned around.
You need to know what your community desires in large numbers because
that is who you represent, the majority of the people.
He stated that he and his family have lived there since 1975. They were
assured when they were incorporated into the City, which was not what they
wanted, that the property in question would remain R1-A.
They never imagined that the City would approve a plan that would allow
the largest lot sizes next to the lowest residential lot sizes.
He stated that he was surprised that the Planners would think that this
was acceptable with such diverse zones. This
reduces the values of all of these people’s property that surround this
development, and these are values put on by the City.
You have cost us hundreds of thousands of dollars in value.
You have reduced the quality of their lives from their expectations of
adjacent R1-A property to producing large amounts of lights with street
lighting, large amount of asphalt paving, huge increase in traffic and much
larger amount of density reducing their privacy.
There is still 25 foot back-yard setbacks, which is why you do not put
R1-A next to RM. This is not
compatible and nobody in their right mind would think that is good planning.
Mr. Duncan read from the Zoning Ordinance regarding considering the
adjacent uses and zoning next to the Planned Development.
The primary use of Planned Development is not for the developer but for
the people. He further read from
the zoning ordinance regarding commercial next R1-A.
The purpose is to develop a unique, compatible plan and it must have a
beneficial affect on present and potential surrounding land uses.
It is not intended for the purpose of rezoning when you have a parcel by
parcel rezoning. He discussed signage for proposed rezoning.
You cannot use PD zoning to hide what you really intend to do.
He stated that we can still do some transitional zoning that would be
acceptable by adjacent property owners.
He would suggest that you protect the adjacent property owners and
require the developer back to the Planning Commission with R1-A sized lots next
to existing R1-A, and what he chooses to do inside that ring would be his burden
not theirs and he would absorb the loss. They
are not opposed to change, but they are opposed to being taken advantage of.
Mr.
Christian Krauter stated that he is a long-time taxpayer of this community for
over 34 years. He stated that they
were told years ago that the City would never expand north of Eleven Mile.
The Duncan family owned the farm, which was broken up and sold to a
developer, which caused all of these properties to be annexed into the City.
This is when the sprawl started and has progressed steadily north. They were annexed against their will and have never received
a single thing for the increase in taxes, including being ignored for the
extension of water and sewer. He
stated that he would like to thank the Planning Commission for volunteering
their time. They have spent several
years developing the Master Plan. These
meetings were public meetings and noticed, anyone could have been there and
people should not complain now about what took place at those meetings.
In the past, many projects have been proposed for this site and all have
passed by. This developer has worked for two years and he believes that this
group has stuck to it and accommodated the community.
He wishes to commend both the Planning Commission and the Boardwalk group
for their hard work.
Ms.
Shelly Thorsen of 1102 Surrey stated that she should would simply like to
reiterate what has already been stated by Ms. Morgan and Mr. Duncan.
She discussed the setbacks of the condominiums.
Mr.
Brad Heiler of 1096 Surrey stated
that he agrees with the comments made by the other homeowners.
It does not make sense why the City would want to rezone this property
and put some of the largest, most expensive homes in the City next to multiple
family. It needs to be compatible
with the existing property, and Council needs to protect the interest of its
residents and the investments they have in their homes
Mrs.
JoAnne Duncan of 60440 Eleven Mile Road stated that her mother did sell much of
this property. She stated that they
do not object to the property being developed.
When the High School was proposed, they did not object, but rather
thought that this would be a wonderful place for a high school.
They are asking that you consider them and what is already there.
Council’s job is to protect them, because they are there already. They
did not want to become part of the City and they have received no benefit. She stated that she does appreciate the volunteers on these
boards; she is a volunteer through their church and does not do it because she
wants recognition. She stated that
they did not get involved when the Master Plan was being developed because they
did not know that they would be so directly affected. She stated that the City should consider sending out a letter
to the homeowners that are so affected so that these things can be worked out
ahead of time and there is not all this afterthought. Also, it is a good idea to put up a sign when a rezoning is
proposed. When they built their
house, they knew that something would be developed, but they are asking that you
look at something that would be compatible.
Chairman
Ron Morelli stated that any property that comes into the City comes in at R1-A .
If you look at some of the very large developments going on in our area
similar to this, it does not decrease property values.
These are nice condominiums, maybe not million dollar units, but nice
nonetheless. They made sure these
will be upscale and compatible. At
the public hearing, the head of the sales department of Carriage Trace came to
them and said he could sell these; these are very compatible.
It is not fair to say that because they are condominiums next to R1-A
housing that they are not compatible.
Mr.
Merle Ditto of 1035 Oxford stated that City Council, Planning Commission, etc.
have thankless jobs. He has heard
nothing but good things about Mr. Morelli and his Commission and we have to
trust in their judgements. He questioned whether the parking area would be
maneuverable, not like the current CVS parking lot.
Mayor Doyle stated that based on the drawings, it appears much larger.
Mayor
Doyle thanked all of the residents for their comments.
He stated that more often than not, we do not have public input.
He stated that as Mr. Morelli has indicated, in these cases someone is
going to be happy and someone is not. We
have to rely on a number of things, our Planning Commission, staff, and our
engineers and consultants. He is
aware after serving on the Planning Commission, that it is never exactly
perfect.
Councilman
Dryer asked why the wall was raised up and extended to 400 feet long.
Mr. Barnas stated that when you have a development of this size there is
maximum and minimum grades you have to deal with from an engineering standpoint.
We have existing grades to deal with as well as wetlands. To make this project work from an engineering standpoint,
this is what we had to do. Another
aspect that was changed was the sanitary sewer and where they connect in order
to make it work based on the City’s engineers recommendation.
Councilman
Crawford stated that the Planning Commission has presented us with a proposal
and we, as a City Council, must dispose of that proposal.
CM
3-14-04 – APPROVAL OF FINAL STAGE II SITE PLAN – GATEWAY COMMONS
Motion by Crawford
To approve the Final, Stage II Site Plan and rezoning for Gateway Commons
Motion
died due to lack of support
Attorney
Lee stated that last July, the City Council approved the Preliminary Plan and
rezoning to PD for that property. If
you have specific objections to the site plan, Council has the right to either
change them, remand them to the Planning Commission for revision, but it would
be inappropriate to dismiss the matter before you. The City is bound by the action that it took last July.
Mayor Doyle stated that Mr. Dryer was not part of the original process.
He stated that nothing has changed since July
Attorney
Lee stated that if you have specific objections, you should remand it back to
the Planning Commission with those specific objections because you have affected
a zoning change by your preliminary approval.
Councilman
Schwarck stated that the last time this was before us, we asked Mr. Morelli if
the homeowners in Carriage Trace and Eleven Mile had their concerns addressed,
and to the best of his knowledge at that time, their questions and concerns had
been addressed. None of these
homeowners were at that meeting, and being they were not here to speak before or
against it at that time, that is why he voted for the approval.
He stated that the issue of detached condominiums has not been explored.
He feels that we are close to an agreement, but these residents need to
be happy.
Mayor
Doyle stated that he can appreciate the concerns. However, we have gone through the process and what we are
saying is that we know better about planning than our Planning Commission.
Furthermore, if we go through and deny it at this point, this project
could be in jeopardy or you could set us up for litigation and we will lose.
They have done everything that we have asked and to the letter of the
law. If they had brought in
something totally different than what was originally approved, it would be
different.
The
question was asked what has changed between July and March.
Chairman Morelli stated that since preliminary approval, they looked at
the building fascades, building materials, signage, planting materials, as
businesses stepped forward, details were worked out.
This has been a work in progress. They
wanted to make sure that this is what we wanted at the gateway to our community.
They looked at all of the engineering requirements, grade changes, Fire
Department requirements with tweaking turning radiuses, etc.
Discussion was held on the grade change and wall.
Chairman Morelli stated that it actually lessened the severity and impact
on the adjacent property because if it was not done they would be looking at
HVAC units on the roof etc. He
stated that he feels that it will look fine.
He discussed the changes in the wall as it goes down the line.
Attorney
Lee stated that within the advice that he gave in July of last year, he made
very clear then that considering the rezoning of this property, you were
accepting the preliminary plan and use of the property as set forth by the
preliminary plan. The City is bound
by that decision made by Council. If
you have problems with how the residential portion is done, you can send it back
to the Planning Commission, however you cannot change the multiple dwelling
zoning.
Mayor
Doyle stated that if you choose another route, you are setting us up for
litigation. It was stated that Mr.
Crawford’s motion failed due to lack of support, a new motion is in order.
Mr.
Tom Duncan stated that the Planning Commission violated the Open Meetings Act.
Mayor Doyle stated that this is the first he has heard about this and is
not being discussed at this time.
CM
3-15-04 – APPROVAL OF STAGE II FINAL SITE PLAN – GATEWAY COMMONS
Motion by Schwarck, supported by Crawford
To approve the Planned Development, Stage II Final Site Plan for Gateway
Commons
VOTE:
ROLL CALL VOTE: Schwarck
– Yes
Dryer
-
No
Doyle
-
Yes
Crawford
- Yes
Wallace
- No
MOTION
CARRIED
4. Opinion/Order
City of South Lyon vs. Oakland County Drain Commissioner
Mayor
Doyle stated that as a result of litigation with Colonial Acres there was
attorney costs incurred by the Oakland County Drain Commission.
They did go through and assessed these costs against the drainage
district as well as the City at large. The
City then filed a motion in court and these monies collected for this assessment
were held in escrow. As of March 1st,
Judge Nancy Grant ruled in our favor and the Plaintiff has 21 days in which to
appeal. If they do not file for
appeal, we will then refund those monies to the people who paid them. Attorney Lee stated that he does have informal notification
from the County that they do intend to file an appeal and are asking that we
continue to hold those monies. We
will oppose that motion on the basis that we feel that their appeal is
frivolous. We will know by March 23rd
whether or not they have filed.
NEW
BUSINESS: None
CM
3-16-04 – ADJOURNMENT
Motion by Wallace, supported by Dryer